BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000.

Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001.

The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date.

Dissatisfied with The Radio Network's decision, Mr Ensoll referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declines to uphold the complaint.

Decision

Although the members of the Authority have not listened to a tape of the item complained about, they have read the correspondence which is listed in the Appendix. The unavailability of a tape of the broadcast has not, on this occasion, hindered in the determination of the complaint. In this instance, the Authority determines the complaint without a formal hearing.

The radio station 91ZM in Auckland promoted a Millennium Baby Competition which focused on the first baby to be born on 1 January in the year 2000. Mr Ensoll complained to the station that the item was inaccurate and deceptive in advancing the notion that the next Millennium began on 1 January 2000. He argued that the new Millennium began on 1 January 2001.

The Radio Network (TRN) responded on the station's behalf and wrote:

While you may be technically correct in your assertion of the date for the new millennium, the whole world accepts that the new millennium will be celebrated on 1 January 2000.

End of argument.

Your complaint is therefore trivial and rejected.

Mr Ensoll replied to TRN and contended that the correct date was 1 January 2001. He cited a range of material available on websites in support, and concluded:

My only concern is that the people taking part in this competition, do not believe that the millennium starts 1 January 2000. And that they clearly understand that they cannot claim to be the parents of the worlds first millennium baby on that date. Only then can they have a little bit of fun and nobody gets hurt.

Mr Ensoll also referred the complaint to the Authority for investigation and review.

While The Radio Network had no comment for the Authority on the referral, Mr Ensoll, in his final comment on the complaint, repeated his view that the Millennium baby promotion was misleading people as to the date of the next Millennium. Mr Ensoll expressed the opinion that most people were ignorant of the correct date, and had been being misled by a "deceptive programming practice". Furthermore, he added, and despite his appeals to them, broadcasters were not prepared to accept the embarrassment of acknowledging the correct date.

The Authority's Findings

The Authority has determined the complaint under standards R1 and R10 of the Radio Code of Broadcasting Practice. They require broadcasters:

R1  To be truthful and accurate on points of fact in news and current affairs programmes.

R10 To avoid the use of any deceptive programme practice which takes advantage of the confidence listeners have in the integrity of broadcasting.

It could be argued that neither standard is strictly applicable to the promotion complained about as, first, it was not a news or current affairs programme, and secondly, the Authority applies the deceptive programming provision to technical issues. Nevertheless, the date of the start of the next Millennium has arisen in a number of complaints.

Turning to the specifics raised in the complaint – the date of the start of the next Millennium – the Authority is of the view that mathematical arguments about the date are incidental to the celebration of the change in numbers from 1999 to 2000. It considers that TRN is justified in adopting the widespread consensus as to when the celebration will occur.

With reference to the standards cited, the Authority concludes they are not contravened as it does not accept that it is its task to decide on the issue whether it is factually accurate to imply that the new Millennium begins on 1 January 2000.

For the reasons set forth above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
13 May 1999

Appendix

The following correspondence was received and considered by the Authority when it determined this complaint.

1. Matthew Ensoll's Complaint to 91ZM – 22 March 1999

2. The Radio Network of New Zealand Limited's Response to the Formal Complaint –
   29 March 1999

3. Mr Ensoll's Response to The Radio Network – 4 April 1999

4. Mr Ensoll's Referral to the Broadcasting Standards Association – 4 April 1999

5. The Radio Network's Reply to the Authority – 12 April 1999

6. Mr Ensoll’s Final Comment – 18 April 1999.